2022 Kentucky Revised Statutes Chapter 39A - Statewide emergency management programs 39A.270 Use of publicly owned resources at impending, happening, or response phase of disaster or emergency.
Download as PDF
39A.270
Use of publicly owned resources at impending, happening, or
response phase of disaster or emergency.
(1)
(2)
(3)
(4)
(5)
During the threatened or impending happening of a disaster or emergency, the
Governor, the Adjutant General, or the Director may authorize the use of public
employees, equipment, supplies, materials, funds, or any other publicly owned
or supported resources to assist in the mitigation of the potential effects of the
disaster or emergency, regardless of whether the use is on public or private
property.
During the actual happening of and any part of the response phase of a
disaster or emergency the Governor, the Adjutant General, or the Director,
shall, when necessary or desirable, authorize the use of public employees,
equipment, supplies, materials, funds, or any other publicly owned or
supported resource to assist in the operations of government, or the private
sector, necessary to deal with the disaster or emergency, regardless of
whether the use is on public or private property.
During the actual happening or any part of the response phase of a disaster or
declared emergency, the Governor or the General Assembly may, by executive
action, legislation, or administrative regulation promulgated under KRS Chapter
13A, declare which of the following services, if any, are essential:
(a) Those individuals and businesses that are necessary to deal with the
response to the disaster or declared emergency or that protect the life
and health of Kentucky citizens;
(b) Individuals and businesses that are engaged in conduct, business, or an
activity that otherwise constitutes a critical infrastructure sector as
determined by the United States Department of Homeland Security's
Cybersecurity and Infrastructure Security Agency, or its successor; or
(c) Individuals and businesses that are charged with responsibility for a
governmental function related to a declared emergency or that is not in
the ordinary course of conduct or business, including responsibilities that
require changes to the medical, manufacturing, or educational
environment in which they typically operate.
After the active or response phase of the disaster or emergency has passed
and the recovery phase has begun, the Governor, the Adjutant General, or the
Director may authorize the use of public employees, equipment, supplies,
funds, or any other publicly owned or supported resources to assist in the
recovery phase of the disaster or emergency, regardless of whether the use is
on public or private property.
A formal declaration of disaster or emergency shall not be necessary to invoke
the provisions of subsection (1) or (2) of this section.
Effective:April 11, 2021
History: Amended 2021 Ky. Acts ch. 205, sec. 5, effective April 11, 2021. -Created 1998 Ky. Acts ch. 226, sec. 26, effective July 15, 1998.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
